alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GABE MCCOOL, 

Plaintiff-Appellant,

 v.

LIFE INSURANCE COMPANY OF

NORTH AMERICA; APPLE, INC., 

Defendants-Appellees.

No. 18-56529

D.C. No. 

2:17-cv-07766-RGK-JEM

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Argued and Submitted June 3, 2020

Pasadena, California

Before: RAWLINSON and N.R. SMITH, Circuit Judges, and KORMAN,**

District Judge.

 

Appellant Gabe McCool (McCool) appeals the district court’s judgment in

favor of Appellee Life Insurance Company of North America’s (LINA) following

FILED

APR 2 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The Honorable Edward R. Korman, United States District Judge for

the Eastern District of New York, sitting by designation.
a bench trial. We have jurisdiction under 28 U.S.C. § 1291, and review the district

court’s factual findings following a bench trial for clear error. See Stormans, Inc.

v. Wiesman, 794 F.3d 1064, 1075 (9th Cir. 2015). The district court’s

interpretation of the Employee Retirement Security Act (ERISA) and conclusions

of law are reviewed de novo. See id.

McCool asserts that LINA wrongfully denied his requested disability

benefits under his employer’s ERISA benefit plan. In the normal course, a court

would review the policy to determine the definition of “sedentary” or suggestion of

what definition to follow. However, this policy does not contain a definition. 

Thus, the district court properly applied the standard from Armani v. Northwestern

Mut. Life Ins. Co., 840 F.3d 1159 (9th Cir. 2016), which (1) imposes the burden

upon the claimant to prove by a preponderance of the evidence “that he was

disabled under the terms of the plan”; and (2) adopts the “consistent” interpretation

of “ERISA law” that an individual is unable to perform “any occupation” under a

disability policy if that individual “cannot sit for more than four hours in an eighthour workday.” Id. at 1163 (citation omitted).

The district court did not clearly err in finding that McCool failed to meet

his burden of proving by a preponderance of the evidence that he could not sit for

four hours a day. Three doctors opined that McCool could sit “frequently.”

2
“Frequently is defined as between 2.5 to 5.5 hours in an 8-hour workday.” The

district court found that McCool failed to establish that he cannot sit for four hours

a day “despite repeated findings that he can sit frequently.” This finding was not

clearly erroneous in light of the record evidence, and was consistent with our

analysis in Armani.

AFFIRMED. 

3
# C_2014024EN.01002301.xml

| 25.1.2014 | EN | Official Journal of the European Union | C 24/23 |
| --- | --- | --- | --- |

25.1.2014

EN

Official Journal of the European Union

C 24/23

---

Action brought on 24 October 2013 — FSA v OHIM — Motokit Veículos e Acessórios (FSA K-FORCE)

(Case T-558/13)

2014/C 24/40

Language in which the application was lodged: English

Parties

Parties

Applicant: FSA Srl (Busnago, Italy) (represented by: M. Locatelli and M. Cartella, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Motokit Veículos e Acessórios, SA (Vagos, Portugal)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2013 given in Case R 436/2012-2; |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2013 given in Case R 436/2012-2;

| — | Order that the word mark FSA K-FORCE be registered; |
| --- | --- |

—

Order that the word mark FSA K-FORCE be registered;

| — | Order the defendant and the intervener to pay the costs of proceedings. |
| --- | --- |

—

Order the defendant and the intervener to pay the costs of proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark FSA K-FORCE — Community trade mark registration No 9 191 909

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: The applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 53(1)(a) CTMR in conjunction with Article 8(1)(b) CTMR

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: Declared the registration of the CTM invalid

Decision of the Cancellation Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR and Article 75 CTMR.

Pleas in law:

---
No. 10-9637.

#### Soloman Stanton, Petitioner v. Carol Adrianne Stanton, et al.

565 U.S. 829, 132 S. Ct. 125,

181 L. Ed. 2d 48,

2011 U.S. LEXIS 5774.

October 3, 2011.

Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, Division One, denied.

Same case below, 190 Cal. App. 4th 547, 118 Cal. Rptr. 3d 249.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00514-CR

Karl Dean Jackson

v.

The State of Texas

§

§

§

§

§

From the 396th District Court

of Tarrant County (1328761D)

June 25, 2015

Opinion by Justice Sudderth

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Bonnie Sudderth________________

 Justice Bonnie Sudderth
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2940 Enrolled Bill (ENR)]

        H.R.2940

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen

                                 An Act

 
To extend the program of block grants to States for temporary assistance 
   for needy families and related programs through September 30, 2019.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 
PROGRAM AND RELATED PROGRAMS THROUGH SEPTEMBER 30, 2019.
    Activities authorized by part A of title IV and section 1108(b) of 
the Social Security Act shall continue through September 30, 2019, in 
the manner authorized for fiscal year 2018, and out of any money in the 
Treasury of the United States not otherwise appropriated, there are 
hereby appropriated such sums as may be necessary for such purpose.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Notices]
[Page 37436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18411]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster <SUP><greek-i></SUP>3097]


State of Minnesota; and a Contiguous County in Wisconsin

    Dakota and Ramsey Counties and the contiguous counties of Anoka, 
Goodhue, Hennepin, Rice, Scott, and Washington in Minnesota, and Pierce 
County, Wisconsin constitute a disaster area as a result of damages 
caused by severe storms, high winds, and tornadoes that occurred May 15 
through May 30, 1998. Applications for loans for physical damage as a 
direct result of this disaster may be filed until the close of business 
on August 24, 1998 and for economic injury until the close of business 
on March 25, 1999 at the address listed below or other locally 
announced locations: U.S. Small Business Administration, Disaster Area 
2 Office, One Baltimore Place, Suite 300, Atlanta, GA 30308.
    The interest rates are:

------------------------------------------------------------------------
                                                                 Percent
------------------------------------------------------------------------
For Physical Damage:                                                    
  Homeowners with credit available elsewhere..................     7.000
  Homeowners without credit available elsewhere...............     3.500
  Businesses with credit available elsewhere..................     8.000
  Businesses and non-profit organizations without credit                
   available elsewhere........................................     4.000
  Others (including non-profit organizations) with credit               
   available elsewhere........................................     7.125
For economic injury:                                                    
  Businesses and small agricultural cooperatives without                
   credit available elsewhere.................................     4.000
------------------------------------------------------------------------

    The numbers assigned to this disaster for physical damages are 
309712 for Minnesota and 309812 for Wisconsin. For economic injury the 
numbers are 991200 for Minnesota and 991300 for Wisconsin.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: June 25, 1998.
Aida Alvarez,
Administrator.
[FR Doc. 98-18411 Filed 7-9-98; 8:45 am]
BILLING CODE 8025-01-P
Who We Are

Get a good start by actively

participating in your ENGAGE program.

DLA	ENGAGE	has	key	activities	designed	to	help	you	contribute	in	a	meaningful	way	to	DLA	goals	while	you	achieve	the	satisfaction	that	accompanies	a	job	well	done.	• Your	supervisor	has	selected	a	sponsor	

from	your	work	team	to	assist	you	during	your	first	weeks	with	DLA.	

• Your	sponsor	will	guide	you	through	the	

activities	planned	for	your	first	day	onboard.		In	your	first	weeks,	he	or	she	will	communicate	the	resources	and	networks	needed	to	accomplish	the	duties	of	your	position	and	answer	questions	that	arise.

• Your	supervisor	will	set	performance	

expectations		and	assign	meaningful	work.

• You	will	learn	the	DLA	systems	that	

provide	your	benefits	and	professional	development.		

• As	you	learn	your	job,	seek	feedback	

designed	to	improve	your	performance.

DLA ENGAGE

We hope you choose to make a careerwith DLA.Acting together, with enthusiasm,optimism and focus, we achieve greatthings. Seize the opportunity toremain fully engaged and make adifference each and every day.

To contact DLA ENGAGE Program Manager,

send a message to DLA.ENGAGE@dla.mil

DLA Facebook:https://www.facebook.com/dla.milDLA YouTube:http://www.youtube.com/user/DODLogisticsAgencyDLA Twitter:https://twitter.com/DLAMILDLA Human Resources Website:http://www.hr.dla.mil
From your first day onboard to the

day you retire from DLA, we want yourealize your full potential.

Welcome to DLA!

ENGAGE activities are designed to provide a

solid foundation for you as you begin your

career with DLA and seek to become a star

performer.Your supervisor will give you a copy of your

Position Description and Performance

Expectations.

People are our greatest resource. DLA’s

highly skilled, diverse, and agile workforce

is the foundation of our success.

Relationships are key

... build them and

use them.

DLA GuWarfighIntegritDiversitExcellen

Your sponsor will help you:

• Understand the written and unwritten

elements of the organizational culture

• Learn how to navigate the organization

• Meet colleagues and other essential staff

• Obtain answers to questions

• Identify useful resources available to you

DLA ENGAGE Curriculum

Enterprise Orientation I

DLA ENGAGE 101

Enterprise Orientation II

DLA ENGAGE 105

Enterprise‐Wide Mandatory

Training Curriculum Participa

assist you • Use you

• Ensure 

the DLA 

• Comple

Training 

• Attend 

• Collabo

your Ind

include 

• Help us 

comple

be assig

Manage

• As you u

assignmfeedbac
Exhibit 31  SECTION 302 CERTIFICATION  CERTIFICATION  I, Kenneth J. Eaken, certify that:  1. I have reviewed this quarterly report of Lexon Technologies, Inc. for the quarter ended June 30, 2006;  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4. The small business issuer=s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b) evaluated the effectiveness of the small business issuer=s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and (c) disclosed in this report any change in the small business issuer=s internal control over financial reporting that occurred during the small business issuer=s most recent fiscal quarter (the small business issuer=s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer=s internal control over financial reporting; and  5. The small business issuer=s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer=s auditors and the audit committee of the small business issuer=s board of directors (or persons performing the equivalent functions): (a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer=s ability to record, process, summarize and report financial information; and (b) any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer=s internal control over financial reporting.  Date: August 21, 2006 /S/Kenneth J. Eaken Principal Executive Officer Principal Financial Officer
##### 



Exhibit 31.3
 
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;b)
    
    Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such
evaluation; andd)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
and




---



##### 



b)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
 May 25, 2007
    
    
    /s/
    Ira D. KaplanIra D. KaplanChief Financial Officer
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> UT
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      572,785
<OTHER-PROPERTY-AND-INVEST>                         79
<TOTAL-CURRENT-ASSETS>                          35,599
<TOTAL-DEFERRED-CHARGES>                        36,855
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 646,318
<COMMON>                                        15,741
<CAPITAL-SURPLUS-PAID-IN>                      124,075
<RETAINED-EARNINGS>                             53,538
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 193,354
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     12,000
<LONG-TERM-DEBT-NET>                           231,944
<SHORT-TERM-NOTES>                              18,000
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       30
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 190,990
<TOT-CAPITALIZATION-AND-LIAB>                  646,318
<GROSS-OPERATING-REVENUE>                      131,788
<INCOME-TAX-EXPENSE>                            11,026
<OTHER-OPERATING-EXPENSES>                      83,696
<TOTAL-OPERATING-EXPENSES>                      94,722
<OPERATING-INCOME-LOSS>                         37,066
<OTHER-INCOME-NET>                                 461
<INCOME-BEFORE-INTEREST-EXPEN>                  37,527
<TOTAL-INTEREST-EXPENSE>                        16,622
<NET-INCOME>                                    20,905
<PREFERRED-STOCK-DIVIDENDS>                        813
<EARNINGS-AVAILABLE-FOR-COMM>                   20,092
<COMMON-STOCK-DIVIDENDS>                        16,134
<TOTAL-INTEREST-ON-BONDS>                       14,030
<CASH-FLOW-OPERATIONS>                          32,393
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>All amounts in thousands of dollars except per share amounts.
</FN>
        

</TABLE>
##### 



Exhibit 32.1 CERTIFICATION PURSUANT TO
18 USC. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the annual report on Form 10-K of Claires Stores, Inc.
(the Company) for the year ended January 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Marla
Schaefer, Co-Chief Executive Officer of the Company, hereby certify, pursuant
to 18 USC. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that: (1) The Report fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company. /s/ Marla Schaefer
     Marla
SchaeferCo-Chief Executive OfficerApril 15, 2004
 57
No. 10-1209.

#### Robert C. Rogan, et al., Petitioners v. Dexia Credit Local.

565 U.S. 815, 132 S. Ct. 93,

181 L. Ed. 2d 22,

2011 U.S. LEXIS 6626.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

*23Same case below, 629 F.3d 612.
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection  with the Quarterly  report of GiveMePower  Corporation  (the
"Company") on Form 10-QSB for the period ending September 30, 2005 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
William V. Walton, Chief Executive Officer of the Company,  certify, pursuant to
18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the Securities and Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Company.

     A signed  original of this  written  statement  required by Section 906 has
been provided to  GiveMePower  Corporation  and will be retained by  GiveMePower
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.

Date:  November 14, 2005                      By: /s/ WILLIAM V. WALTON
                                                  ----------------------
                                                  William V. Walton
                                                  Chief Executive Officer
No. 10-10114.

#### Daniel Saranchak, Petitioner v. John E. Wetzel, Secretary, Pennsylvania Department of Corrections, et al.

565 U.S. 831, 132 S. Ct. 128,

181 L. Ed. 2d 50,

2011 U.S. LEXIS 5735.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 616 F.3d 292.